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BIRK v. LANE

No. C0-84-234.

354 N.W.2d 594 (1984)

Clarence BIRK, Respondent, v. Pyong LANE, Appellant.

Court of Appeals of Minnesota.

September 18, 1984.

Attorney(s) appearing for the Case

Daniel Prochnow, Cragg & Bailly, Ltd., Minneapolis, for respondent.

Kirk A. Stubbee, Jerome J. Simons, Jr., Arthur, Chapman & Michaelson, Minneapolis, for appellant.

Heard, considered, and decided by PARKER, P.J., and FOLEY, and HUSPENI, JJ.

OPINION

HUSPENI, Judge.

Lane appeals from an unlawful detainer judgment granting recovery of the premises to Birk. The trial court held that Minn. Stat. § 504.02 (1982), which provides that tenants sued for unlawful detainer because of failure to pay rent may redeem the premises by curing the default, does not apply because the lease describes a tenancy at will. Lane contends that the lease does not create a tenancy at will, but creates a tenancy for...

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